Patna High CourtCR. MISC./2352/2019disposed

Amarnath Rai @ Amar Rai And ORS v. The State Of Bihar

2019-01-25Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2352 of 2019 Arising Out of PS. Case No.-510 Year-2018 Thana- Marehowrah District- Saran ======================================================

1. Amarnath Rai @ Amar Rai aged about 44 years (M) S/o Late Ganesh Rai.

2. Bipul Kumar, aged about 23 Years (M), S/o Late Harnath Rai.

3. Arman Kumar @ Amar Yadav aged about 22 years (M) S/o Amar Rai @ Amar Yadav.

4. Kamal Rai, aged about 67 years (M), S/o Jamindar Rai. All resident of Village Asahiya, P.S. Marhowrah, District-Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Basant Kumar Singh For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-01-2019 Heard learned counsel for the petitioners and learned APP representing the State.

Petitioners are seeking anticipatory bail in connection with Marehowrah P.S. Case No.510 of 2018 dated 28.10.2018 registered for the offences punishable under Sections 272, 273 and 308 of the Indian Penal Code and Section 30/30 (A)/38 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the alleged recovery of 400 liters of spirit is from bush and not from the residential house of the petitioners. Learned counsel submits that it is a case of false implication of the petitioners without there being any material against them. It is pointed out from the

Patna High Court Cr.Misc. No.2352 of 2019(2) dt.25-01-2019 2/2 seizure list that the place of seizure is near a railway line from a bush.

Learned A.P.P. for the state is present.

In the given facts and circumstances appearing from the First Information Report and seizure list, this Court is of the considered view that it may be a good case for grant of regular bail. In case the petitioners surrender in the learned Court below within a period of four weeks from today and pray for regular bail, their prayer for regular bail shall be considered by the learned Court below keeping in mind the facts appearing in the First Information Report and the seizure list and the application shall be disposed of on the same day.

This application is disposed of accordingly.

(Rajeev Ranjan Prasad, J) R.R.Ojha/- U T